Property Disputes in Unregistered Marriages: How Do Courts Decide?

Jun 30

A Marriage Without Registration and Later Asset Conflicts

Ms. H and Mr. B lived together as husband and wife since 1953 and had four children together, but they never registered their marriage. During their time together, Mr. B was allocated a house at 54 N Street by the government. He later sold that house and purchased another at 15, Lot B, H Street, District Y, H City. This property was registered under Mr. B and Ms. T (whom he held a wedding ceremony with in 1984).

In 2015, upon discovering a closed relationship between Mr. B and Ms. T, Ms. H decided to file a lawsuit to divide the marital assets accumulated during their relationship, specifically requesting one-third of the value of the house at 15, Lot B, H Street.

Court’s Decision on Common-Law Marriage and Property Rights

During the trial, Ms. H claimed that she and Mr. B had never divorced, while Mr. B presented a forged divorce decree and a civil judgment extract from 1984. However, upon verification and evidence collection, the court determined that no official divorce had occurred between the two.

Therefore, the relationship between Mr. B and Ms. H was recognized as legally valid under Resolution 35/2000/QH10, which acknowledges marriages established before January 3, 1987, without official registration.

Because the house at 15, Lot B, H Street was purchased using money from the previously allocated house (acquired during the marriage of Mr. B and Ms. H), the court deemed it a marital asset. However, since Ms. T also contributed financially, the court divided the house as follows: Mr. B – 1/2, Ms. H – 1/4, Ms. T – 1/4.

Practical Experience and Recommendations from Dedica

1. Clearly Identify the Type of Property (Separate – Marital)

According to the 2014 Law on Marriage and Family, separate property remains under the ownership of the individual who acquired it before cohabitation or received it via inheritance or gifts. This right is upheld even without formal marriage registration.

Marital property can be divided based on mutual agreement. If no agreement is reached, the court bases its decision on contributions and principles in the Civil Code, prioritizing the interests of women and children.

Dedica’s Advice: Clearly identify the origin of the assets (e.g., house purchase using proceeds from private property or joint income) and, if possible, document the agreement with notarization.

2. Pre-Agreement to Minimize Disputes

Draft an agreement on marital property, specifying proportions, asset values, contributions, dismantling responsibilities, and costs to avoid future disputes.

Dedica’s Advice: Use a detailed template for property agreements with documented contributions (receipts, invoices, photos). The more specific, the better it will hold up in court.

3. Resort to the Court When Consensus Fails

If mutual agreement is impossible, the court will divide property based on Article 219 of the Civil Code, protecting the interests of women and children:

Parties may request division of marital property.
If division in kind isn’t feasible, parties may request liquidation or sale of their share.

The division is based on:

Origin of the property (separate or marital)
Duration and level of contribution, labor, and household maintenance
Protection of disadvantaged family members

Dedica’s Advice: If negotiation fails, gather and preserve evidence of contributions (e.g., bank transfers, construction receipts, photos of improvements). At this point, litigation is a viable path.

4. Know the Jurisdiction of the Court

District-level courts where the property is located or where the defendant resides have jurisdiction.

For real estate disputes, file the lawsuit at the court where the property is located.

Dedica’s Advice: When preparing a lawsuit for asset division, carefully identify the proper court to avoid case rejection or delays.

5. Prepare a Structured and Well-Presented Dossier

Gather diverse documents: ownership certificates, receipts, photos, journals, messages, emails, etc., to prove each party’s contribution.

Present evidence systematically, in chronological order, clearly stating the origin, timeline, and individual contributions.

Dedica’s Advice: DEDICA will help you structure a comprehensive, legally grounded dossier and develop strong legal arguments for every disputed detail.

At Dedica Law Firm, we are always ready to help clients calmly and effectively build legal strategies to resolve complex property disputes. Don't hesitate to contact us if you're facing challenges in asset division or seeking to protect your personal rights in a complex marital relationship.